Removing NFA from record?

[Qwerty]

I was falsely accused of rape in 2013 and was NFA. How can I get this accusation removed from from file please, as if it never happened? Is that even possible? I was never charged, just arrested and questioned, but I’d rather the accusation and the whole thing was gone from my record.

[Pond31]

This is a quote from ACRO Criminal Records office website which I think answers part your question. I suspect that you would have to write to the Chief Constable of the area you were arrested in.

There is also a file https://www.gov.uk/government/upload...on_Process.pdf


Person of any age arrested for a qualifying offence but not charged or convicted.


I was arrested for a qualifying offence but not charged or convicted. Can I apply for the deletion of my records under this process?



This is dependant on your circumstance.



Ordinarily, if you were arrested but not charged with a qualifying offence, and you have no previous convictions, then regardless of your age at the time of the arrest, your biometric information would be deleted automatically when proceedings against you concluded.



However, if you have any previous convictions or the police have made an application to the biometrics commissioner to retain your biometric information under provisions contained in the police and criminal evidence act 1984 (as amended) which is subsequently approved, a 3 year retention period will be applied to your biometric information. If this is the case, you cannot use the Record Deletion Process to apply for record deletion.



Alternatively, if no application is made to the biometrics commissioner then your biometrics will automatically be deleted (provided you have no previous convictions) and you can use the Record Deletion Process to apply for the deletion of your PNC record provided you can evidence grounds as set out in the guidance. If these grounds are agreed by the Chief Officer, your PNC record will be deleted.

[Peter1975]

I was falsely accused of rape in 2013 and was NFA. How can I get this accusation removed from from file please, as if it never happened? Is that even possible? I was never charged, just arrested and questioned, but I’d rather the accusation and the whole thing was gone from my record.

Your biometric data will have automatically been deleted as described above but as for your PNC record, basically, it is extremely difficult and would require proof beyond a reasonable doubt that you were innocent of the crime. NFA does not mean the police think you are innocent, only that there is not a realistic chance of a conviction if charged. The best way I can imagine for having your PNC record wiped is for your false accuser to be charged with wasting police time or PCJ, but this rarely happens sadly.

[slowdown73]

I was falsely accused in 2014 and managed to produce evidence against my accuser which undermined the allegation and subsequently resulted in them being arrested, charged and convicted with a fraud offence.

My employers also carried out a separate investigation and concluded the allegation had been brought maliciously. I complained to the Police that I wanted the allegation to be recorded as malicious rather than NFA’d on my police record. However, they refused to do this because they said in order for the allegation to be classified as malicious, there would need to be overwhelming evidence to prove this. I think it is very difficult to obtain this unless the accuser confessed or there is third party evidence.

In my situation, the Police agreed to update my PNC record with the outcome of my employers investigation and referred to the evidence I submitted which led to his arrest and conviction. Fortunately, it has never showed up on any DBS but there will obviously still be a record on the police national database which annoys me.

[Pond31]

I was falsely accused in 2014 and managed to produce evidence against my accuser which undermined the allegation and subsequently resulted in them being arrested, charged and convicted with a fraud offence.

How can the police have enough evidence to charge your FA with an "fraud offence" yet they will not remove the case from the PNC. Was the fraud offence directly related to you case or was it just something separate? If ti was directly related to her claim than the police should remove your details from the PNC and their local systems.

Pond31

[slowdown73]

[QUOTE=Pond31;72609]How can the police have enough evidence to charge your FA with an "fraud offence" yet they will not remove the case from the PNC. Was the fraud offence directly related to you case or was it just something separate? If ti was directly related to her claim than the police should remove your details from the PNC and their local systems.

Pond31[/QUOTE

The fraud offence was directly connected to the allegation made against me but the police stated there was insufficient evidence to say it was malicious but his actions raised serious questions about the validity of the allegations but in order for it to be classed as malicious, the standard of proof is beyond reasonable doubt. Although my employers conducted their own investigation and concluded it was malicious, their legal threshold was on the balance of probabilities which is a lower legal threshold.

[Pond31]

The fraud offence was directly connected to the allegation made against me but the police stated there was insufficient evidence to say it was malicious but his actions raised serious questions about the validity of the allegations but in order for it to be classed as malicious, the standard of proof is beyond reasonable doubt. Although my employers conducted their own investigation and concluded it was malicious, their legal threshold was on the balance of probabilities which is a lower legal threshold.

How can they find the FA guilty of fraud related to your case and say that the allegations was not malicious? If the case did not pass the evidentiary test and the FA was found guilty of fraud then why is that not an open shut case. The details should have been removed from the PNC automatically and it appears the police have adjusted their "soft intelligence" to reflect your employers findings so at least that is a good thing. The police and CPS are too frightened to actually charge FA's.

[slowdown73]

I think unfortunately the Police are afraid of removing the allegation and marking it as malicious in the event it has any future comeback on them. Their attitude was well just because there was no evidence to support the allegation, there was nothing to say it didn’t happen. Makes me angry because at the end of the day, my accuser was convicted of a fraud offence in relation to the complaint made against me but fraud offences by their own nature are dishonesty offences.